THE GIST of Editorial for UPSC Exams : 30 September 2019 (Out of my mind: People or Parliament sovereign? (The Hindu))

Out of my mind: People or Parliament sovereign? (The Hindu)

Mains Paper 2 : Polity
Prelims level : Parliament sovereign
Mains level : Role of Parliament

Context

• The crisis in the UK yields an interesting contrast concerning the question ‘Who Rules?’ Boris Johnson as Prime Minister chose to prorogue Parliament, truncating the number of days it could meet.

Judges failed to agree

• The High Court in Scotland judged the prorogation illegal but the English High Court said it could not rule on a political matter.
• The Supreme Court of 11 judges unanimously ruled that prorogation was illegal because it prevented Parliament from doing its work. Parliament was Sovereign.
• The Court cited a judgment from 1611 which said that the King “hath no prerogative but that which the law of the land allows him”.
• This was even when the King was the sole Executive. Johnson had misled the Queen. Prorogation was illegal and void.
• The UK Supreme Court distinguished between the Executive (Absolute King or elected Prime Minister) and Parliament, declaring Parliament to be sovereign. The Unwritten Constitution of the UK relies on old judgments and established conventions.

Way forward

• The Indian president is chosen by legislators at the Centre and in states. In effect, the president is chosen by the prime minister. In the UK, the Head of State is not chosen effectively by the ruling party but is a hereditary monarch.
• This is why Indira Gandhi got away with promulgating Emergency signed by the president.

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Prelims Questions:

Q.1) Consider the following statements:
1. Human activity is allowed in National Park.
2. Boundaries of National Park are governed by legislation.

Which of the statements given above is/are correct?
A. 1 only
B. 2 only
C. Both 1 and 2
D. Neither 1 nor 2

Answer: B
Mains Questions:
Q.1) Is Parliament sovereign in India or not? Justify the statement.